Zinman

A nationwide class of Medicare beneficiaries who received or will receive lump-sum insurance settlement awards from third parties in connection with Medicare-covered injuries (beneficiaries) appeal the district court’s grant of summary judgment in favor of the Secretary of Health and Human Services (HHS). The beneficiaries sued HHS, claiming that under Title XVIII of the Social Security Act, 42 U.S.C. § 1395 , et seq., HHS is required to reduce pro rata its recovery of conditional Medicare payments when the beneficiaries’ liability settlements are less than their total damages. We have jurisdic *843 tion under 28 U.S.C. §§ 1291 and 1294, and we affirm.

FACTS AND PROCEDURAL BACKGROUND

This is a class action challenging HHS’s interpretation and implementation of the Medicare Secondary Payer provisions of the Social Security Act, 42 U.S.C. § 1395 , et seq. As first enacted, Medicare was the primary payer for medical services supplied to a beneficiary, even when such services were covered by other insurance such as an employer group health plan or liability insurance. Responding to skyrocketing Medicare costs, Congress in 1980 enacted the Medicare Secondary Payer legislation (MSP…